State ex rel. Stewart v. Russo
Annotate this CaseA jury found Appellant guilty of aggravated murder, attempted murder, aggravated robbery, and kidnapping. The trial court imposed a sentence of life imprisonment without parole eligibility for thirty years for the aggravated-murder conviction. Appellant later filed a motion for a final, appealable order and resentencing, arguing that because his sentencing entry did not state the reasons why the mitigating factors outweighed the aggravating circumstances, it was not a final, appealable order. The trial court denied the motion, concluding that it was not required to file a written sentencing opinion where the jury recommended a sentence other than death. Thereafter, Appellant filed a petition for a writ of mandamus seeking an order compelling Judge Judge Michael Russo to issue a separate sentencing opinion. The court of appeals dismissed Appellant’s complaint for writ of mandamus. The Supreme Court affirmed, holding that Appellant did not have a clear legal right to a separate sentencing opinion and that the Judge Russo did not have a clear legal duty to provide one.
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